BEFORE THE Department of PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rules I through XX, amendment of ARM 37.27.101, 37.27.102, 37.27.105, 37.27.106, 37.27.107, 37.27.115, 37.27.116, 37.27.120, 37.27.902, 37.88.101, 37.106.1411, 37.106.1413, 37.106.1415, 37.106.1420, 37.106.1425, 37.106.1430, 37.106.1432, 37.106.1435, 37.106.1440, 37.106.1450, 37.106.1452, 37.106.1454, 37.106.1460, 37.106.1470, 37.106.1475, 37.106.1480, and 37.106.1485, and repeal of ARM 37.27.108, 37.27.121, 37.27.136, 37.27.137, 37.27.138, 37.106.1401, 37.106.1462, 37.106.1482, 37.106.1487, and 37.106.1491 pertaining to state approval of substance use disorder programs, licensure of substance use disorder facilities, and the Behavioral Health and Developmental Disability Medicaid & Non-Medicaid Manuals

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CORRECTED NOTICE OF Adoption, AMENDMENT, AND Repeal

TO: All Concerned Persons

 

1.  On August 5, 2022, the Department of Public Health and Human Services published MAR Notice No. 37-1010 pertaining to the public hearing on the proposed adoption, amendment, and repeal of the above-stated rules at page 1539 of the 2022 Montana Administrative Register, Issue Number 15. On September 23, 2022, the department published the notice of adoption, amendment, and repeal of the above-stated rules at page 1889 of the 2022 Montana Administrative Register, Issue Number 18. On October 7, 2022, the department published a corrected notice of the above-stated rules at page 2025 of the 2022 Montana Administrative Register, Issue Number 19.

 

2. Subsection numbering errors were found in both ARM 37.106.1454 and 37.106.1467 which require correction. ARM 37.106.1454(1) is missing subsection (r). ARM 37.106.1467(1) has two entries for subsection (c). A clerical error was found in ARM 37.106.1471(1), which was found to be missing subsection (e). The department intended to include subsection (e) in the adoption notice in response to COMMENT #81, but later noticed it was missing. 

 

           3. The rules, as amended in corrected form, read as follows, deleted matter interlined, new matter underlined:

 

37.106.1454 CLIENT RECORD CONTENT REQUIREMENTS (1) through (1)(q) remain as adopted.

(s) remains as adopted, but is renumbered (r).

 

AUTH: 50-5-103, 53-24-208, MCA

IMP: 50-5-101, 50-5-103, 53-24-208, 53-24-209, 76-2-411, MCA

 

37.106.1467  FOOD SERVICE (1) through (1)(b) remain as adopted.

(c) food removed from the original container must be dated, labeled, and sealed;

(c) (d) milk and other dairy products must be pasteurized;

(d) through (l) remain as adopted, but are renumbered (e) through (m).

(2) through (13) remain as adopted.

 

AUTH: 50-5-103, MCA

IMP: 50-5-103, MCA

 

37.106.1471  ASAM 3.1 CLINICALLY MANAGED LOW INTENSITY RESIDENTIAL (ADULT OR ADOLESCENT) SUBSTANCE USE DISORDER FACILITY (1) through (1)(b) remain as adopted.

(c) care managers in sufficient numbers to provide services to clients required by this chapter and in accordance with the clients' individualized treatment plans; and

(d) rehabilitation aides in sufficient numbers to provide direct care support services as outlined in the clients' individualized treatment plans.; and

(e) on-site awake staffing whenever clients are present in the facility.

(2) through (4) remain as adopted.

 

AUTH: 50-5-103, MCA

IMP: 50-5-103, MCA

 

4.  The replacement pages for this corrected notice were submitted to the Secretary of State.

 

 

/s/ FLINT MURFITT                                     /s/ CHARLES T. BRERETON                   

Flint Murfitt                                                    Charles T. Brereton, Director

Rule Reviewer                                              Department of Public Health and Human Services

 

 

Certified to the Secretary of State October 11, 2022.